civus
Hearing video

ZBA Hearing - June 17, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 17, 20267h 2m

no hands no Mr. Chair

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all right I'll go here and there's nobody in the audience here all right good afternoon

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everyone my name is Bill Bergman and I will be sharing this hearing of the zoning board

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of adjustment with me is our vice chair Tanetta Graham present Mr. Chairman board secretary

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cheryl l gaston present mr chairman board member michael johns president mr chairman and board

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member ryan mcadams president mr chairman also here is our attorney lynn reuter uber

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she's just shaking her hands i gotta get that right uh ian haggardy our director

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director and our board advisor um Lakeisha Dandy this hearing is is being recorded and will be

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posted on the ZBA website by participating you agree to be recorded this is an in-person meeting

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with remote participation whether in person or on Zoom if you are called to speak please state

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your name and spell it and then wait to be sworn in once you've been sworn in please um state your

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name each time before testifying uh to to um to enter your appearance indicate the property

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address on the Zoom webinar, speak with a staff member.

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Speak with a staff member, call the ZBA office by the close of business tomorrow at 215-686-2429 and provide them with your name, your email, and the address of the property in question.

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remote participation um raise your virtual hand when directed so that we can uh call on you to

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speak when you speak please get close to the mic so that all people can hear you including the

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court reporter um when you are called please click the join as a panelist button if you are

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Or joining by phone, press star 9 to raise your hand and star 6 to unmute.

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Let's go to our list to see our schedule for this afternoon.

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number four mi2025 004 139 3861 north 17th street this case is continuing until 8 19 26 at 3 30

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pm and mi 2026 000 294 8419 hermit hermit hegerman hegerman street um we have no exhibits sean

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ward is the listed attorney and raymond raymond and eileen long long long streth are the listed

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owners it's their first listing mr chair this is ian hegarty we do have a request for continuance

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from the appellant's attorney sean ward all right so we will continue that until 8 19 2026

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at 3 30 pm let's go to our first case at number one

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mi2025-004-126-220 north 50th street

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um benito martinez is the uh equitable owner

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mr martinez

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And as a panelist, Mr. Chair, thank you. I appreciate it.

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Hello, sir. Could you please state your name and spell for this stenographer?

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my name is benito martinez b-e-n-i-t-o martinez m-a-r-t-i-n-e-z right do you swear or affirm

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to tell the truth the whole truth and nothing but the truth yes i do could you please turn your

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video on uh i turned it on i don't know why it's not you have it do you have a camera with i mean

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you're oh yeah you know what my camera's down that's what it is okay all right okay um our

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vice chair has just a few questions for you. Okay. Good evening. Have you submitted your

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documents and exhibits five days in advance of this hearing? Yes, I did. Okay. And so I'm going

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to summarize your, the application that you put in, and I'm going to also summarize your refusal

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and ask if you would agree. Okay. Yes. Okay. So your application is you want to have two family

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household living and then there's a structure yes okay and you were refused because uh two

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family living is prohibited in the rsa three uh district and also you needed uh rsa three

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requires two uh accessory or two off street parking spaces so those that was your refusal

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do you agree with that yes okay all right so thank you you can uh proceed with your case

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uh okie doke um yeah i acquired this property it's a pretty large property it has a

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um a large backyard it's a um i um point house so it has a breezeway so why don't you do this

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why don't you put your start showing your documents okay because then when you start

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talking about the house we can see what it looks like okay all right uh let's see um

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I have to go back, right?

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I have to share the screen.

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all right you should open your documents and there should be a green button at the bottom

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You should open your documents and there should be a green button at the bottom.

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says share screen uh green button where okay all right share full button all righty you're coming

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up now sir all right um all right so you're you're gonna have to talk on each individual one when you

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All right. Let's see.

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You're talking about the large house. Why don't you try to show a picture of the large house?

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All right. Go back.

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Okay. Take your time.

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Okay. This is the front of the house here.

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this is the breezeway in between the house even the front has a nice size yard

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obviously the house is a total rehab because you can see the windows and stuff are are missing

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this next picture is the rear of the house there's a big tree since the first time we

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came to zoning we didn't have inside pictures so we weren't able to move forward but and at

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that particular time we were in the process of acquiring the property so now we actually own

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the property so we've cleaned up a little bit and started cutting the tree and stuff down

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um this is uh another shot from the rear of the property that shows the long breezeway in between

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the two houses um uh if you look at the um property adjacent you'll see that um you'll see

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all the windows that you know just indicative that this house is you know

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approximately 50 feet deep or so can you just take that up front because I don't

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want to deal with that I'm gonna show some some drawings existing drawings of

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the house but where am I okay this these are a plot plan shows that the yard is

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about 55 feet deep 19 feet wide the house itself is without the porch is

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approximately 54 feet deep and 16 feet wide the porch is an eight-foot porch

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and the front of the house including the front yard and the payment totals up to

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about 22 feet so this is like an existing plot plan this is this is how

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the house is designed now you have the porch you come into a vestibule and once you come into the

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house about 20 feet or so there's a set of stairs that turns and you go up to the second floor

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there's a rear bedroom the bathroom is uh let's see on the second floor uh the bathroom is in

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between the uh rear bedroom and then there's two middle bedrooms in the front bedroom

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uh there is a living room dining room kitchen and some kind of shed that's um that's a part

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of the house it's not it's not like one of those sheds that are that's an extension it's a part of

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like the whole envelope of the house itself so uh we have a drawing here um that's not etched in

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stone but it is it is sort of what the what we would propose at the house how

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can I move this here all right there you go this is kind of how we propose that

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the house would look once renovated if it was a duplex you would enter from the

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original door into sort of a great space and then you will go down the hall and

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would be two bedrooms and a bathroom in between the two bedrooms. The basement would be a part of

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that first floor apartment and they would have access to the yard. The second floor apartment

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would have to be cut into the facade of the porch and the stairs would kind of be moved and

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you would go up the stairs and they would have sort of like a great space with a kitchen

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in the same galleyway hallway and with the bedroom and the bedroom and the bathroom in

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between the two bedrooms. So if anybody has any questions, I'll answer whatever questions

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that anyone may have. Is that your whole presentation, sir? Your whole presentation? Yeah, I think

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so i i can say that uh i did the art you'll give but you went to the rco meeting right

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yeah they go to the unanimous support yeah we got unanimous support and i am a builder and i built

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yeah we got unanimous support and i am a builder and i built um numerous so here's here's the

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first question how many multiple family households in that block um there are about three okay

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questions from the board said there are three on the block yeah you know the addresses no i don't

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know the exact address oh you don't know the addresses because the vast majority of the block

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is for sure single family i know the next block is multi-family but that block is is single family

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yes most of the houses are single family right other questions from the board

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um yes so the the second uh floor where um would they store their trash

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Where would they store their trash?

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They would store their trash on the outside of the house.

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In between the houses, there's a breezeway.

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And that breezeway has a gate so that people can't just

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access through the house.

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But there's plenty of room right there for trash cans

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and storage of trash until trash

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that if somebody just wants to come out and come out.

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And that's basically what most of the neighbors do.

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they store it in that same location other questions and your adjacent your adjacent neighbors

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the one on either side do you have letters from them or letters of support um i don't have uh

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direct letters of support but we did do the mailing as we were uh were supposed to and um

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and they were uh knowledgeable about the meeting and you know came to the meeting and you know had

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uh had their say okay so there was support was there any opposition any comments no um most

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everybody i'm just surprised i'm just surprised because this is a this is a single this whole

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block is single family so i'm surprised there's there was no opposition or was there there any

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comments no uh at the rco meetings that there was uh nobody's you know i've done this before and

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This is not my first RCO meeting.

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So I understand what you say.

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You know, people, you know, one set of people will be,

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if you say you're going to do section eight,

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then they'll be opposed to section eight.

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Then another set of people will say if the rents are too high,

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then you're pushing people out.

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And so, you know, there's a whole, you know, thing to,

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you know, but in this particular case,

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it was very positive and there was just nobody to say that,

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you know, that they didn't want it

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or even had really harsh questions, you know, at the RCO meeting.

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So my question is, why do you need two units here? What is the hardship? Why is it that you

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can't use property as zoned as a single family dwelling? What is the...

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the hardship itself um it's just that the the fact that they're uh the size of the house and

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it does lend itself uh you know for uh more use and better use

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all right thank you any other questions questions from our attorney uh yes uh you said you purchased

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the house? When did you purchase it? We went to settlement, I believe, June the 6th.

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You mean June the 6th, like a couple of weeks ago? A couple of weeks ago, yes.

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Okay. Okay. We might want to hold that until we get the actual deed. We can close the record.

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and we can vote you know okay because i couldn't find it on yeah okay yeah i thought that's what

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i was thinking when um when you guys requested the um a tax clearance and and i was thinking

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that uh it might be a little hard to verify that i was the owner because of the uh short

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amount of time and it does take time for a deed to be filed all right so questions or comments

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from the virtual audience planning commission nina saw monarch the planning commission the

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comprehensive plan recommends no change to the rsa3 residential single family attached zoning

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at this location there is no unique condition or circumstance of this property that would prevent

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it from being used in conformance with the zoning code therefore the city planning commission

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recommends that the board deny the proposed variance for two family dwelling and associated

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residential parking requirements um we will take this to executive session

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We will also obtain the deed or, you know, if you have it, please send it to us as soon as you can.

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we will also obtain the deed or you know if you have it please send it to us as soon as you

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And we look to vote on this on July 8th at 2 p.m.

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Okay.

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Mr. Chair, I'm sorry to interrupt.

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This is Ian Hegarty.

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I believe we did have one participant in the audience that had their hand raised to speak.

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Okay, sure.

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Let them come on.

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Let them now speak.

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I'll go ahead and let them speak now, sir.

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Hi, good afternoon.

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My name is Laura.

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Wesolowski. I'm a resident.

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Hold on one minute. Listen,

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could you please, when you say your name,

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then spell it for the court stenographer?

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No problem. I was just going to ask.

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My first name is spelled Laura,

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L-A-U-R-A. My last

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name is Wesolowski, W-E-S-

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O-L-O-W-S-K-I.

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Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth?

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Yes, I do.

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Laura, are you a neighbor? Yes, I am.

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All right. Please proceed with your testimony.

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Good evening. Yes, I was I was on the initial RCO call and and there were questions raised about parking.

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The 200 block of North 50th is not a full block. It's a it's full on one side and about half the length on the other side.

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It ends at the intersection of Haverford 50th and 49th.

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And there is a city-owned green space on the corner opposite of the property in which we're discussing.

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My concern has always been about parking.

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There's not as many spaces as a full-size city block.

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And with every house on this block having anywhere between two and four cars, additional cars, two to four cars,

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will make it almost impossible to find a spot directly, you know, on the street in which one

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lives. That was my biggest concern and still remains at this time. All right. Thank you very

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much for taking the time to calls. We appreciate it. Is there anyone else?

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Planning commission? Do you vote? Okay. So we're going to vote on this one July 8th. Okay. Okay.

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i just like to comment on the um parking thing because there is a green space there um there

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are more parking spaces available on that block than the average city block and i'm there all the

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time uh checking on different things and making sure that the property is in in good order even

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like the second day i put up the zoning notice even though i put it in a waterproof container

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somebody ripped the sign out so i was there the next day in order to be able to place a new sign

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And parking has never been an issue. And I mean, I don't even have to park down the street. I'm always able to get a parking spot. The most I have to do is park across the street where the green space is. And so I respect what the neighbor has to say, but I've never experienced parking as being an issue on that particular block.

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thank you very much number two okay yeah yeah yeah number two mi 2025

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zero zero four one two nine four two eight um

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lark lark lark per street lark per street jennifer bazillo is the attorney

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where's that street

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good evening good evening could you please state your name and spell for the stenographer

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sure it is jennifer baziglo b is in boy a is an apple z is in zebra y d is in david

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o is in larry o is in oscar um do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do could you identify your client their relationship to this property

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yes my client is samat raimov and he is the owner of the property right i see a letter from um

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